Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract operated in a manner so as to comply with the Performance Guarantees. To the extent that requested relief is not granted, or if no such relief or modification has been requested, following expiration of the grace period, the Company will be responsible for complying with Applicable Law and the Performance Guarantees with respect to the new conditions for the remainder of the Term. (E) City Capital Project. The City shall undertake, continue and complete the City Capital Project substantially in accordance with the plans and specifications therefor developed as of the Contract Date, and in a manner that does not materially interfere with the performance by the Company of its obligations hereunder. Upon completion and successful testing evidencing compliance with any applicable performance standards, the City Capital Project shall be considered to be part of the Facilities and the Company shall assume the operation, maintenance, repair, replacement and management responsibility with respect thereto in accordance with the Contract Standards. The Base Fee includes compensation for the operation, maintenance, repair and replacement of the City Capital Project and the Company shall not be entitled to any further compensation associated therewith. (F) Acceptance of "As-Is" Risk - City Facilities Property. The Company accepts for its use in providing the Contract Services all of the City Facilities Property described in Section 1.4 of Appendix 1, in its existing "as-is" condition as of the Commencement Date. SECTION 7.8. SERVICE COORDINATION. (A) Company's Facilities Manager. The Company shall appoint a Facilities Manager for the Facilities and the Contract Services (the "Facilities Manager") who shall be licensed and certified as a Grade A Licensed Wastewater Treatment Facilities operator by the State of Texas, trained, experienced and proficient in the management and operation of advanced tertiary wastewater treatment systems comparable to the City's Facilities and appropriately familiar with the day-to-day operation, maintenance, repair and replacement activities of the Facilities. The Facilities Manager shall (1) be responsible for the management and provision of the Contract Services provided to the City hereunder, (2) be responsible for the day-to-day management of the Facilities, and (3) serve as the day to day business representative of the Company in the performance of this Service Contract. The initial Facilities Manager shall be Mike Beck, who shall not be replaced for a period of one year from the Commencement Date, unless otherwise approved by the City in its sole discretion, absent retirement, resignation or cessation of employment with the Company. The Company shall replace the Facilities Manager at the request of the City, after notice and a reasonable opportunity for corrective action, in the event the City determines, in its sole discretion, that an unworkable relationship has developed between the Facilities Manager and the City. (B) City Approval of Replacement Facilities Manager. The Company acknowledges that the performance of the Facilities Manager serving from time to time will 39